An urgent review of the cross examination process in family cases has been ordered by the justice secretary, Liz Truss. Specifically, she aims for it to prevent abusers from being able to cross-examine and interrogate their victims in court hearings.
This comes as a response to the reality that many women unintentionally face aggressive torment in family courts in this form. However these sort of incidents are subsequent to the residue of a higher problem: cuts to legal aid.
Currently, legal aid is not permitted to individuals in many family cases due to a reduction to the public funding budget. The main exception to this is in cases of domestic violence. But in general, there is over 30% in cuts which have put a strain on people’s access to justice. In particular, the judicial system must adhere to strict time restraints e.g. 26 weeks to complete care cases under the Children and Families Act 2014. All the while they will still be highly monitored for their performances. Furthermore in 6 out of 10 abuse cases, neither party have lawyers representing them in court. Thus, the confrontations become much more likely amongst alleged abusers and victims. This complex situation evidently does not compensate for legal representation to be arranged.
Further criticism comes from members of Women’s Aid who are also affected by the cuts – often having to assist women whose situations are misunderstood in court. They surveyed some family case victims and found that fundamental human rights come
into question when contact is granted to abusive parents, for example.
The ongoing review will have to deal with these many issues. It will also interplay with a possible future review of the cuts made under the Legal Aid, Sentencing and Punishment of Offenders Act. But it is agreed that a pivotal improvement to Women’s Aid and Family Courts is to follow their criminal predecessor and make legal representation compulsory for the parties in cases of abuse.
If you would like trusted, quality and affordable solicitors to represent you in an abuse case or any family matter then please explore our website for more information or call us on 0207 263 7887.